What are public disturbance noise ordinances?
Public disturbance noise ordinances are based upon subjective standards as opposed to noise ordinances which are based upon maximum decibel readings and which require the use of sound meters for their enforcement. Public disturbance noise provisions, while perhaps easier to enforce, may raise some constitutional questions. Are the provisions sufficiently detailed to place a person on notice of their prohibitions? Are the prohibitions so broad as to chill free speech? There have been three appellate cases in recent years reviewing public disturbance noise provisions. In Everett v. O’Brien, 31 Wn. App. 319, 641 P.2d 714 (1982), and Seattle v. Eze, 111 Wn.2d 22, 759 P.2d 366 (1988), public disturbance type noise ordinances have been upheld; however, in Spokane v. Fischer, 110 Wn.2d 541, 754 P.2d 1241 (1988), an ordinance prohibiting frequent and habitual dog barking that disturbs or annoys any person and the neighborhood was found unconstitutionally vague.
Related Questions
- Without adequate public transport to the city and surrounds, will the eco-town not just increase road traffic and noise, adding to congestion problems?
- Can local authorities enact or enforce more strict ordinances regarding vehicle noise?
- How will the developers manage noise and general disturbance during construction?
